Why have relations between India and Pakistan been so acrimonious since partition?

 

Why is it in the news? 

1. The Prime Minister of India, while giving an interview to the American podcastor Lex Friedman said that every noble attempt for peace with Pakistan was met with hostility and betrayal. 

2. India made several diplomatic attempts to normalise relations with Pakistan after partition but these overtures were met with hostility, military conflict, and cross border terrorism . 

3. Just after independence and partition, the tribal militia supported by the Pakistani army attacked J & K and captured Gilgit, Baltistan, Muzaffarabad and Mirpur. They were about to capture Srinagar. The Maharaja Hari Singh fled from Srinagar to Jammu. He signed the instrument of accession on 26th October 1947. The Indian army landed at Srinagar and flushed out the Pakistani infiltrators from two third areas of J & K. The war continued for one and half years. Ultimately, India showed gestures of goodwill by declaring ceasefire on 1st November 1949 at the behest of the UN. 

3. Financial Division - The total cash reserves of British India amounted to ₹400 crores. India was to retain ₹300 crores while Pakistan was to get ₹100 crores. India already paid ₹45 crore in August 1947. The remaining ₹55 crores were released in spite of raids by the Pakistani army supported by tribal militia into J & K.  

4. Nehru-Liaquat Pact - This Pact aimed at protecting the rights of minorities in both countries. But Pakistan did not implement it to preserve the rights of Hindu minorities.  The communal riots continued in Pakistan so much so that the Hindu population in West Pakistan got reduced from 21% to 3%. 

5. Indus river water treaty (1960) - India made a treaty with Pakistan with regard to the distribution of water of the Indus river and its tributaries. The World Bank brokered the treaty by which Pakistan was to get water from the Indus, the Chenab and Jhelum while India was to get water from the river Ravi, Beas and Sutlej. In spite of being a riparian state, India sacrificed in order to bring peace with Pakistan. But even this sacrifice did not appease Pakistan so much so that it often raises water issues at international fora alleging that India has been making dams over Chenab and Jhelum and diverting water to India. 

6. Tashkent Agreement (1966) - Pakistan attacked India in 1965 to grab J & K. It failed in its efforts. Rather the Indian army captured most of the territories of India. However, Soviet Russia brokered the peace and all the captured territories by India were handed over to Pakistan.

7. Shimla Agreement (1972) - After the 1971 war, a new country Bangladesh was born. 90,000 Pakistani Army surrendered before the Indian army. However, India returned all surrendered Pakistani army. It was also decided that disputes between India and Pakistan henceforth would be resolved bilaterally without the interference of the third power. Pakistan responded by supporting Khalistani movement in Punjab and insurgency in J & K in 1980s and 1990s. Knowing that it cannot win over India in conventional war, it started supporting and exporting terrorist groups in J & K. Pakistani ISI has been imparting training to terrorists in Pak Occupied Kashmir and exporting them into J & K to create disruptions and killing of innocent people. More than 30,000 people have been killed in J & K. Kashmiri Pandits were forced to leave the valley. 

8.  Lahore declaration (1999) - India wanted to have peaceful relations with Pakistan and the Indian Prime Minister led the delegation to Lahore. But within a few months, Pakistan clandestinely captured Kargil resulting in a full fledged war between India and Pakistan.   

9. Agra Summit (2001) - India invited Pakistani President Parvez Mussharaf for peace talks but it failed because of the differences over cross border terrorism. 

10. Parliament Attack on December 13th, 2001 - Indian Parliament was attacked by Pakistan based terror groups like Lashkar-e-taiba and Jaish-e-mohammad. All five terrorists were killed by security forces. Nine security personnels and one civilian also lost their lives. India mobilised its military along the Pakistan border. This continued 10 months long stand out. The Government enacted the Prevention of Terrorism Act (POTA) to combat terrorism effectively. Afzal Guru was sentenced to death and hanged in 2013. He was found assisting terrorists. 

11. 26/11 Mumbai attacks (2008) - Pakistani sponsored terrorists attacked Mumbai from sea route causing deaths of more than 130 policemen and civilians. 

12. India again resumed diplomatic talks with Pakistan and started trade with Pakistan in 2016. Pakistan responded by attacks in Uri  (2016) and Pulwama (2019) killing 40 Crpf jawans. India responded by surgical strike at Balakot. 

13. In 2019, India revoked article 370 and bifurcated J & K by making two Union Territories of J & L and Ladakh. Pakistan opposed this move and stepped up cross border insurgency and terrorist activities. As of now, there is no trade relation between India and Pakistan. People-to people exchange is also very much restricted. Terrorist activities are still going on. However, its frequency has come down. 

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Why has the relation between India and Pakistan not normalised? 

1. Pakistan’s efforts to have parity with India - Since partition, it has been the objective of Pakistan to have strategic parity with India. That’s why, just after independence, it became aligned with the American bloc. It became a member of SEATO, SENTO and Baghdad Pact. While India pursued  the policy of non-alignment, keeping distance with both the blocs , Pakistan wanted to have strategic parity with India and so it became part of the American bloc. It got a huge amount of American aid and military equipment. Thus, between 1947 to 1965, the growth rate of Pakistan was double that of India. It is because of this urge that Pakistan detonated a nuclear bomb in 1998 in retaliation of the Indian detonation in the same year. 

2. Pakistan does not recognise the instrument of accession of J & K by Maharaja Hari Singh with the Indian Union. It contends that Maharaja signed over the instrument of accession under Indian pressure. He did not take into account the opinion of 75% Muslim majority subjects. Pakistan believes in a two nation theory and so Kashmir should have been a part of Pakistan. It raided J & K and captured one third of its territory. It is of the view that the control over J & K would give it strategic depth over India. Moreover, the Indus river and its tributaries flow through J & K and so its control would give it water security. 

3. Dominance of Military and ISI in Pakistani politics - Pakistani army virtually controls the foreign policy vis-a-vis India. It does not want normalisation between India and Pakistan on account of the fear that in case of normalised relations, the military expenditure would come down. So whenever there starts peace process between two countries, it is sabotaged by ISI.    

4. Political instability in Pakistan - Since partition, the political leadership in Pakistan has been weak. Unlike congress, the Muslim league did not participate in the freedom struggle. They always supported Britishers. They never went into Jail for a single day. They never opposed British policy. They never organised agitations against the Britishers. It has now become clear that Pakistan was created to subserve the interest of the Britishers in the Middle East and for the purpose of providing a military base and manpower. According to noted scholar Istiak Ahmad, Pakistan was created as a buffer state between India and the Soviet Union. Thus, the Muslim League leaders were not so much trained politically and administratively before independence. The weakness of the Pakistani leadership was taken advantage of by the military.  The army captured power thrice in 1958, 1977 and 1999 and imposed dictatorship. Thus, Pakistan was under the military dictatorship for more than 30 years after partition. The weak political leadership is not allowed by the all powerful military establishment to have a peaceful relationship with India.

5. Pakistan-China Axis - The relationship between Pakistan and India has been further complicated by the open support to Pakistan by China. China is a close ally of Pakistan. It has made Gwadar port at the mouth of Arabian Sea. It is constructing the China-Pakistan economic corridor. It vetoes in the security council on the question of terrorist activities of Pakistan into Kashmir Valley. It gives huge aid to Pakistan. The open support by China to Pakistan further complicated the relationship between India and Pakistan. In addition, it is also being supported by Turkey, OIC (Organisation of Islamic Country) and Malaysia on the Kashmir issue.  

Conclusion

1. The support extended by the US earlier and China later on prevented  a peaceful relation between India and Pakistan. The Kashmir issue has been the bone of contention. The Pakistani army virtually controls the civilian administration. It does not want a normalised relations with India lest its importance in the Pakistani politics would be weakened. Hence political restructuring of Pakistan is necessary for cordial relations between India and Pakistan.   

How citizenship in India is acquired and lost ?

 Why is it in the news? 

1. Former IPL Chairman, Lalit Modi wants to surrender his Indian passport. He has been accused of being an economic offender by Indian investigating agencies. He has been absconding since 2010. He has also acquired citizenship of Vanuatu, an island country in the South Pacific Ocean. It has been learned that Lalit Modi has made an application for surrendering his passport in the high commission of India London. 

2. Lalit Modi, the former IPL Chairman has been under probe by various agencies in connection with forex violations and a ₹425 crore TV rights deal for the 2009 IPL with World Sports Group. 

3. Shortly after the IPL 2010 final, Modi was suspended from BCCI after being accused of misconduct, indiscipline and financial irregularities in association with the two new franchises Pune and Kochi. The BCCI launched an investigation against him and banned him for life in 2013 after a committee found him guilty of these charges. A special court in Mumbai had issued a non-bailable arrest for Lalit Modi in 2015 for his alleged involvement in a money laundering case registered by the ED. 

Where is Vanuatu? 

1. It is a country of more than 80 islands in the Southern Pacific Ocean. It has a population of more than 3 lakhs. It is located east of Australia and West of Fiji and South of Soloman islands. Its capital is Port Vila. 

It achieved independence from France and Britain in 1980. Vanuatu offers citizenship through its citizenship by investment programme requiring a non-refundable donation or investment. It is learned that an amount of 1 lakh 55 thousand USD is required of a single applicant to acquire citizenship. 

Who is a citizen? 

1. A citizen is an individual who has a formal relationship with a state. It entails allegiance to the state and entitlement to its protection. Citizenship involves certain rights, duties and responsibilities. Citizenship can be acquired by birth within a territory, descent from a citizen parent, marriage to a citizen or through naturalisation process. In our constitution, a citizen has been bestowed upon exclusively the right against discrimination (article 15), equality of opportunity in public employment (article 16), freedom of speech and expression, movement, resident, profession (article 19), protection of interests of minorities (article 29), right of minorities to establish educational institutions (article 30). In addition, a citizen in India who abides by 11 fundamental duties under article 51 A. A citizen is required to respect the constitution, follow the noble ideas of freedom struggle, uphold sovereignty of India, defend the country, promote harmony and brotherhood, value and preserve the rich heritage of India, protect and improve the natural environment, develop scientific temper, humanism and spirit of inquiry, safeguard public property and avoid violence, strive for excellence in all fields, ensure education for children between six to fourteen years by parents/guardians. 

 Aliens are not required to follow the above fundamental duties of our constitution but they are obliged to follow the rules and laws of India, respect India’s sovereignty and national symbols, obey visa and immigration rules, respect for Indian culture tradition and religious sentiments, refrain from interfering a Indian politics or elections, protect public order and national security and pay taxes and financial dues if earning in India.  

2. In contrast, an alien is a foreign  born resident who is not a citizen of a country in which he resides. Aliens may have certain rights and protections but these are often limited compared to those of citizens. For example, aliens might not have the right to vote or hold certain public offices. An alien can enjoy economic opportunities and legal protections. Their stay in the country is subject to permission and can be revoked. Following are fundamental rights in our constitution which are available to both citizens and aliens. These are 

• Right to equality before law (article 14)

• Protection in conviction for offenses, against ex post facto laws, double jeopardy and self incrimination (article 20)

• Right to life and personal liberty (article 21)

• Right to education (article 21 A)

• Protection against arbitrary arrest and detention (article 22)

• Prohibition of human trafficking and forced labour (article 23)

• Prohibition of child labour (article 24)

• Freedom of religion (article 25-28)

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How citizenship is acquired in India?

1. Our constitution deals with citizenship from article 5 to 11 under part II. However, it empowers the Parliament to provide provisions with regard to citizenship. That’s why, the parliament has enacted the Citizenship Act, 1955 which has been amended from time to time. 

2. According to the Citizenship Act, 1955, a person can be a Indian Citizen 

1. By birth : 

• born in India before January 26,1950

• Born between January, 26th, 1950 - July 1st, 1987 is an  Indian citizen regardless of parents nationality. 

• Born between July 1st 1987- December 3rd, 2004 - at least one parent must be an Indian citizen.

• Born on or after December 3rd, 2004- both parents must be Indian citizens or one parent must be an Indian citizen and the other not an illegal migrant. 

2. By descent

• Born outside India before January 26th, 1950 is an Indian citizen if father was an Indian citizen. 

• Born between January 26th, 1950 - December 10th, 1992 is an Indian citizen if father was an Indian citizen. 

• Born after December 10th 1992 - He is an Indian citizen if either parent is Indian and birth is registered at an Indian consulate within one year. 

3.By registration

• A person of Indian origin residing in India for seven years. 

• A person married to an Indian citizen and residing in India for seven years.

• Minor children of Indian citizens

4.By naturalisation 

• A foreigner can apply if he has lived in India for twelve years. However, the government may waive conditions for distinguished persons. 

5. By incorporation of a territory

• If a new territory joins India its residents become Indian citizens.For example, the residents of Goa, Puducherry, Sikkim, Dadra & Nagar Haveli became the citizens of India automatically when these territories were merged with the Indian Union. 

6.Special Provision as to citizenship of persons covered by the Assam Accord. According to the citizenship amendment Act, 1985, all persons of Indian origin who came to Assam before January 1st, 1966 from Bangladesh and who have been ordinarily resident of Assam since the date of their entry into Assam shall be deemed to the citizens of India as from January 1st, 1966. 

• Those individuals who migrated to Assam from Bangladesh between January 1st, 1966 and March 24, 1971 had to register and wait for ten years to become citizens. Until then, they had limited rights and no voting rights. 

• Those individuals who migrated to Assam after March 24,1971 from Bangladesh would be considered illegal migrants and subject to deportation. 

7. Citizenship Amendment Act, 2019 - Granted citizenship to persecuted minorities of Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Pakistan and Bangladesh who migrated into India on or before December 31st, 2014. 

8. National register of citizens was updated in 2019 to identify illegal immigrants based on March 24, 1971 as the cut off date set by the 1985 Citizen Amendment Act. About 19 lakh individuals were categorised as illegal migrants in Assam. 

How is citizenship lost in India?

1. By renunciation - If an individual voluntarily surrenders his citizenship, he ceases to be an Indian citizen.  It should be noted that minor children of such parents also lose their citizenship. However, they can reclaim Indian citizenship when they turn 18 years old.

2. By termination - If an Indian citizen acquires citizenship of another country voluntarily, his Indian citizenship is automatically terminated. But if an individual acquires foreign citizenship by marriage or birth in another country, the automatic termination would not apply. 

3. By deprivation - The government can deprive a person of Indian citizenship if 

• Obtained fraudulently 

• Showed disloyalty to the Indian constitution

• Assisted an enemy country during war 

• Convicted of an offense for more than two years within five years of acquiring citizenship.

• Traded illegally with enemy countries.

Only a person who has acquired Indian citizenship by registration, naturalisation and incorporation of territory can be deprived of citizenship. Citizens by birth cannot be deprived of their citizenship except in case they acquire foreign citizenship voluntarily. 

Difference between Non Resident Indians and Overseas Citizens of India.

Category	NRI	OCI
Definition	An Indian citizen who resides outside India for more than 182 days in a financial year.	A foreign citizen of Indian origin who holds an OCI card. He is not an Indian citizen.
Citizenship	He is an Indian citizen and holds an Indian passport.	He is a foreign citizen and cannot hold an Indian passport.
Voting rights	He is entitled to vote in the election in India, if he is present during the election.	He has no voting rights
Government Jobs	He is entitled for government jobs	Not entitled for government jobs
Property ownership	Can buy any property including agricultural land.	Cannot buy agricultural or plantation land.
Need for Visa	No need for Visa to visit India	No Visa required because a life long multiple entry Visa is granted.
Work and Business	Can work, start a business and own companies in India	Can work and do any business except holding government posts/job.
Tax status	Will have to pay taxes in India based on income earned in India.	Will have to pay tax in India only on income earned in India.
Restrictions	No restrictions on rights	Restricted rights. For example, they have no fundamental rights with regard to article 15,16, 19, 29 and 30 of our constitution.

Single citizenship in India

1. Our constitution provides for only a single citizenship. There is no separate state citizenship as it obtains in the US or Australia. These countries have adopted double citizenships and so citizens owe allegiance to both the central and state governments. In India, all citizens irrespective of the state in which they are born or reside enjoy the same political or civil rights or citizenship all over the country and no discrimination is made between them. However, in the interest of local people, there has been provision for residence with regard to employment in a particular state in the non-gazetted post. Similarly, the freedom of movement under article 19 can be restricted in the interest of the protection and safety of primitive and nomadic tribes inhabiting a particular area.   

Conclusion

1. India follows jus Sanguinis (right of blood) instead of jus Soli (right of soil) adopted in the US and the other countries. 

2. India does not allow dual citizenship.

3. OCI (oversea citizen of India) is not equal to dual citizenship. 

4. The President of India can be a citizen of India by birth or naturalisation while in the US only a natural born citizen can become its President.  To become the Indian President, he must have resided in India for at least ten years before election and must be qualified to become a member of the Lok Sabha. 

5. Thus, the Indian constitution provides a unified and equal citizenship system with restricted laws against dual citizenship.

Why is the Indian Ocean so important for India?

 Why is it in the news?

1. India and Mauritius signed eight pacts during the visit of the Indian Prime Minister to Mauritius. India assured to build a new Parliament building in Mauritius. It would invest 100 cr for the development of infrastructure. 500 civil servants from Mauritius will be trained in India in the next five years. 

2. India would support implementation of E-judiciary system. It would strengthen cooperation in the field of cyber security and digital public infrastructure. India would enhance maritime cooperation through increased deployment of ships and aircraft for joint maritime surveillance and hydrographic surveys. 

3. India would work towards timely delivery of 100 E-buses and the associated charging infrastructure. It would provide replacement of a 100 km water pipeline in Mauritius. 

4. Both countries agreed to strengthen cooperation on sharing best practices on Parliamentary proceedings. India would set up an Ayush Centre of Excellence in Mauritius. 

5.India backed Mauritius claimed over Chagos, a strategically located Indian Ocean archipelago that has long been a centre of a dispute between Mauritius and the UK. 

6. Cooperation between India and Mauritius is significant in the context of China’s strategic footprint increasing in the region. 

7. It is to be noted that Mauritius is located in the Indian Ocean. It is inhabited by 68% people of Indian origin. The Britishers brought Indian indentured labour to Mauritius for the cultivation of sugarcane. India is the largest trading partner of Mauritius and a major investor in its economy. It is located near major sea lanes of communication. It is part of India’s SAGAR (Security and Growth for All in the Region) doctrine to counter China’s growing influence in the Indian Ocean. India is developing a military base for maritime surveillance at Agalega islands to counter the Chinese influence in Africa and the Indian ocean after China built a naval base in Djibouti. Indian navy conducts regular petrols to safeguard Mauritius’ exclusive economic zone. India supplies petrol boats, aircrafts and military training to Mauritian coast guards. 

Geo strategic importance of the Indian Ocean

1. India has a vast coastline of  7500 km and over 1200 islands including Andaman & Nicobar islands and Laksyadweep. 

2. India is near critical maritime choke points like the strait of Malacca, Strait of Hormuz and Bab-el-Mandeb. These straits are essential for trade and military strategy. 

3. Over 80% of India’s crude oil imports passed through the Indian Ocean. 95% of India’s trade by volume and 68% by value are made through the Indian ocean.

4. The Indian Ocean is rich in marine resources, supporting India’s fishing industry and coastal livelihoods. 

5.  Through Indian Ocean Rim Association (IORA) and Indian Ocean Naval Symposium (IONS), India promotes regional security and economic cooperation. 

6. The Indian Ocean ensures trade, energy security and military dominance of India. Safeguarding the Indian ocean is essential for India’s sovereignty, economic stability and global influence. 

7. Whenever, there has been dominance of any foreign power in the Indian Ocean, the sovereignty of India was compromised. It became the victim of foreign domination. On the contrary, whenever India dominated the Indian ocean, it showed military prowess and higher economic growth not only in South India but South East Asia in particular and the world in general. In short, the Indian ocean is vital for the economic development, environmental sustainability, energy security and trade and commerce for India. 

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Chinese threat

1. China has expanded its presence in the Indian Ocean region by adopting the policy of string of pearls which refers to the setting of a series of ports and bases surrounding India. For example, China developed Gwadar port (Pakistan), Hambantota (Sri Lanka), Djibouti Naval Base (Horn of Africa), Kyaukpyu port (Myanmar), and increased Chinese investments in the islands of Maldives and Seychelles. These military bases allow China to encircle India in the Indian Ocean. 

2. The Belt and Road Initiative of China is meant to finance major infrastructure projects in Indian ocean region nations. However, many of these projects trap countries in debt forcing them to cede strategic assets. The economic dominance of China in these regions would further reduce India’s diplomatic influence. 

3. China's growing naval presence in the Indian Ocean further raises serious security concerns for India. Deployment of Chinese research vessels is a threat to India’s military operations. Increased Chinese activity near the Andaman Nicobar islands  pose a direct security threat to India’s Eastern flank. 

Counter measures by India

India has taken several measures to address Chinese threats. 

1. Deployment of naval warships like INS Vikrant , INS Vikramaditya and Nuclear submarines in the Indian Ocean.

2. India has strengthened partnerships with the US, Japan and Australia under QUAD to promote cooperation in the Indo-Pacific region to combat Chinese threat. India has also made cooperation with ASEAN countries, focused on joint naval exercise and intelligence sharing to enhance maritime security. 

3. India has launched regional groupings like IORA (Indian Ocean Rim Association), IONS (Indian Ocean Naval Symposium) and BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation) to assert its leadership. 

4. India has been offering alternative infrastructure funding to Indian ocean region countries to reduce Chinese debt trap. 

5. In short, Chinese military expansion, economic dominance and strategic encirclement pose a direct threat to India’s sovereignty in the Indian Ocean. 

6. India is investing in the development of maritime infrastructure including ports and naval bases. India is pursuing diplomatic efforts to strengthen ties with Indian Ocean littoral states, offering economic and military assistance to counterbalance Chinese influence. Moreover, India is enhancing its naval capabilities by modernising its fleet and increasing its maritime surveillance. This includes the acquisition of advanced submarines, aircrafts carriers and maritime patrol aircrafts to ensure a robust presence in the Indian Ocean. 

Conclusion

1. India must ensure the free flow of goods and services in the Indian Ocean uninterrupted by any major power. It should revive the 1971 UN resolution for an Indian Ocean as a zone of peace to limit great power competition. 

2. India should also push for an Indian Ocean demilitarisation agreement to restrict foreign military bases. 

3. India should promote regional maritime security cooperation. India must strengthen its naval power to combat Chinese growing naval influence. In addition, it should cooperate with the US, Japan, and Australia to neutralise the Chinese influence in the Indian Ocean.